California Attorney General Calls Federal Government “Ill-Equipped” to Enforce State’s Medical Marijuana Laws
December 22nd, 2011Posted by Kris Hermes
In a series of letters sent by California Attorney General Kamala Harris yesterday, the state’s top law enforcement official railed against the recent federal crackdown on medical marijuana and called on the state legislature to clarify the law.
Harris sent a letter to the California’s four U.S. Attorneys who in early October announced with great fanfare an intensified campaign targeting the state’s medical marijuana growers and distributors. In her letter, Harris condemned the federal government’s attempt to enforce violations of local and state medical marijuana laws:
The federal government is ill-equipped to be the sole arbiter of whether an individual or group is acting within the bounds of California’s medical marijuana laws when cultivating marijuana for medical purposes.
Harris also sent a letter to multiple state legislators, calling on them to clarify California’s medical marijuana laws, especially with regard to the rules on distribution. Citing “unsettled questions of law and policy,” Harris urged action by the legislature:
Without a substantive change to existing law, these irreconcilable interpretations of the law, and the resulting uncertainty for law enforcement and seriously ill patients, will persist.
Harris emphasized the “premium” that California law places on “patients’ rights to access marijuana for medical use.” In her letter to State Senate President Pro Tempore Darrell Steinberg (D-Sacramento) and State Assembly Speaker John Perez (D-Los Angeles), Harris cautioned the legislators on abridging the rights of patients:
In any legislative action that is taken, the voters’ decision to allow physicians to recommend marijuana to treat seriously ill individuals must be respected.
Lack of clarity in California’s medical marijuana law, however, is not an invitation for the federal government to interfere in its implementation. Harris is right to condemn this federal interference and the harm it causes law-abiding patients. After 15 years, it’s about time that Proposition 215 and its call to “implement a plan for the safe and affordable distribution of marijuana” was realized.
December 22nd, 2011 at 11:20 pm
FEDERAL TORT CLAIMS ACT FOR MARIJUANA WHITE COLLAR CRIME
AN AMERICAN PERSPECTIVE ON MARIJUANA WHITE COLLAR CRIME!
The Federal Tort Claims Act or “FTCA”, (June 25, 1948, ch. 646, Title IV, 62 Stat. 982, “28 U.S.C. Pt.VI Ch.171″ and 28 U.S.C. § 1346(b)), is a statute enacted by the United States Congress in 1948. “Federal Tort Claims Act” was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the Legislative Reorganization Act, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary.
That Title IV of the Legislative Reorganization Act act of August 2, 1946 was substantially repealed and reenacted as sections 1346 (b) and 2671 et seq. of this title by act June 25, 1948, ch. 646, 62 Stat. 982, the first section of which enacted this title (Tort Claims Procedure). [1]
The FTCA permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. The FTCA constitutes a limited waiver of sovereign immunity.
The Federal Tort Claims Act of 1946, for the first time, gave American citizens the right to sue the federal government.” [4]
Bill O’Reilly Thinks Medical Marijuana is a Sneaky Plot to Give People Medicine, Or Something.
Bill O’Reilly’s indignant posturing is typical of the contemporary medical marijuana skeptic: I have no problem with medical use, but any plan for supplying patients is a fraud and anyone who grows or sells marijuana is a scumbag.
http://articles.mercola.com/sites/articles/archive/2011/11/26/obama-war-on-weed.aspx?e_cid=20111126_DNL_art_1
http://www.thehumansideoflyme.net/
http://www.youtube.com/watch?v=VhdBNmCANzk
http://www.youtube.com/watch?v=95eF4Dn3CL0
http://www.underourskin.com/
The primary reason for this communication was to create an awareness of the methods of omission used by all parties in this great crime against humanity itself. Now if you look closely you will not find the mentioning of powerful antibiotic actions of marijuana nor will you find the mentioning of the Lyme plague (Lyme disease primarily is treated with powerful antibiotics ) which was so disturbing to myself — you the reader are being directed to these specific omitted facts with all the background provided.
Cannabis plant extracts can effectively fight drug-resistant bacteria.
http://abcnews.go.com/Technology/story?id=5787866&page=1
Antibacterial Cannabinoids from Cannabis sativa
http://pubs.acs.org/doi/abs/10.1021/np8002673?journalCode=jnprdf&quickLinkVolume=71&quickLinkPage=1427&volume=71
The audience of the communication has at length in time now been exposed to the Lyme plague instrumented by the United States Government and their facilitating agents. The email sent out by Joseph Mercola clearly demonstrates the aggressive actions by the criminal parties which must be responded to with every action possible.
Thus the difficult yet apparent facts of this bio weapon being empowered by marijuana Prohibition comes to light. This is the 2012 moment and we have to prosecute this crime.
December 23rd, 2011 at 9:15 am
I applaud you and your stance on upholding state law. Is this again a battle over state vs Federal law . Where about to entire 2012 with a mind set of
“1936″.
December 23rd, 2011 at 10:02 am
The True & Only Real Reason for Cannibus to be Classified as a Substance with No Medical Value is MONEY & Corporate GREED. The US Dea Is Owned & Run By the Corporations & Mainly the Pharmacutical Industry. The AMA Once Endorsed the Use of Cannibus for Many Medical Conditions Till it was Taken Over Buy Corporate America. We Are Not Heading Towards Amageddon Human Greed Will Cause “Amagreedon” It’s That Simple & That Stupid. You Know the Old Saying “Anything, That’s Anything For a Buck”. I Survived Poisoning at a Nursing Home Shut Down Finally By the California State Medical Licencing Board After (5) Major Investigations Only Becouse of What that Industry Made Illegal and that was “Cannibus” Myself and a Few Others Would Smoke on the Side of that Deadly Compound & Now Thanks to Mother Nature’s Medication I Will Become a True “Music Singing Legend”. Uhmmm She’s a Wonderful Mother Now Is She Not.
December 23rd, 2011 at 10:55 am
Finally a politician that makes some sense. Someone I will definitely vote for in the next election. That is unless the Feds somehow make it illegal for to run again!
December 23rd, 2011 at 11:32 am
the AG is exactly right that the laws need to be rewritten and clarified. In particular, the qualifications to receive a recommendation must be more restrictive. Too many young people in particular misuse their recommendation just to get high.
December 23rd, 2011 at 2:04 pm
Unfortunately, once the Federal government votes to stick its head up its ass it will never vote to pull it out.
December 23rd, 2011 at 3:41 pm
I’d be even more impressed if she’d begin to push for the necessary next step, legalization for general use by adults. I don’t trust the legislature to do a truly fine job at fixing the medical mess. NONE of them have a clue what to do or the will to do it. It would be easier and more functional and just to simply place it into a regulation model like beer and wine. Let’s stop trying to do an inadequate thing well and do the adequate one right.
December 23rd, 2011 at 3:46 pm
I have to take my hat off for California Attorney General Kamala Harris… I’m proud and feel enlightened that this is a matter of Human Rights and Patients Rights whom all wish to access much needed medical relief and treatment for what ever the persons health circumstances call for.. through a Doctor or Physician’s written recommendation to medicate LEGALLY through California’s Laws and Medical Marijuana Program that was voted in favor for and by the citizens of this country in 1996 ..if that doesn’t tell the uneducated and informed public that this NATURAL PLANT that has over hundreds to even thousands of beneficial rewards and treatment with the very minimal side effects that are harmless and stress relieving for both pain and cancer !! Our Country needs to know when its time to give the people what they need and demand for the sake of their well being.. Thank you again California Attorney General Kamala Harris for standing for the very reason this COUNTRY IS LOVED FOR ..FREEDOM ..AND DEMOCRACY !! WE VOTE ..WE ABIDE THE LAWS …WE PAY OUR TAXES ..NOW ITS TIME THE FEDERAL GOVERNMENT TO PAY US SOME RESPECT..ALSO KEEP IN MIND THAT OUR VETERANS FOUGHT FOR FREEDOM TO BE UNITED ..SO LETS UNITE ALL READY …!! AS A WHOLE NOT DIVIDED BY CENTURY OLD LAWS THAT HAVE YET TO EVOLVE..OR BE CLARIFIED FOR THE REAL TIMES OF THIS WORLD 2011 AND BEYOND
December 28th, 2011 at 4:20 am
Please educate yourself on the history of this miraculous plant!
The future of our nation is at stake.
We will never allow the few, to rule over the many, with all their lies.
In trying to uphold the constitution, I sat in military prison without a uniform, back when bread & water was served. They say that my case is unique, and there will NEVER be a form DD-214 put into my records. (no discharge)
Prove that you deserve it, help us to preserve it, or being free will just be, once and nothing more.
Will you do your part?
December 31st, 2011 at 8:18 pm
Ocean Beach Ca. Business Formation Attorney…
[...]Medical Cannabis: Voices from the Frontlines » Blog Archive » California Attorney General Calls Federal Government “Ill-Equipped” to Enforce State’s Medical Marijuana Laws[...]…
January 4th, 2012 at 10:11 am
Kamala, California is soooooo lucky you were elected to California Atty Gen,
just imagine how awful it would have been had Steve Cooley gotten in. It’s scary to imagine.
Thanks
January 26th, 2012 at 11:20 am
finally a step to the right derection now i hop there reaching out to those brothers in dc who formed a million ma n march just about over night need i remind those brothers are more than half likely certified som outside support on patients right will affect everyone should have aces or an alterniative medicine especialy when classifying lab made we must protect agriculturallyand protectively grown they must be protected 2
February 10th, 2012 at 7:18 am
Attorney General KAMALA HARRIS; WHY NOT write a letter to the Six United States Attorneys and DEMAND that they produce the exact language in the Constitution, the Legislative History of Public Law: 91-513, The Comprehensive Drug Abuse Prevention and Control Act of 1970, or in the text of the Statutes, Title 21, U.S.C. Section(s) 801 through 904, that confer’s federal jurisdictional authority for the executive and judicial branch of the government of the United States to conduct their luciferian and moralistic “WAR on DRUGS” against any person at random? WHY? Because they can’t, that’s why! The controlling statute (21 USC 841) for the government to conduct its drug war is NOT unconstitutional, the application to any person at random by the DEA and U.S. Federal Courts is il-legal and un-constitutional! Wanna bet?
February 18th, 2012 at 7:26 pm
Lyme disease…
[...]Medical Cannabis: Voices from the Frontlines » Blog Archive » California Attorney General Calls Federal Government “Ill-Equipped” to Enforce State’s Medical Marijuana Laws[...]…
February 19th, 2012 at 7:18 pm
[...] Medical Cannabis: Voices from the Frontlines Blog Archive California Attorney General Calls Federal … Share this:FacebookEmail This entry was posted in Medical Marijuana Laws and tagged California [...]
June 9th, 2012 at 11:09 am
The ultimate need is to get cannabis taken out of schedule one. It does not meet any of the requirements to be placed in that catagory. First; there has never been a death certificate issued for an overdose of cannabis but simple aspirin causes hundreds of deaths a year from overdoses causing internal bleeding. Second; It has been established that there are numerous medical conditions that can be and are being successfully treated with cannabis. Research world wide is affirming that cannabis has legitimate medical uses . Third; the public must be educated that cannabis also has other legitimate uses that are being fought by several industries and millions of dollars for lobbyists. Cotton farmers fear industrial hemp because it wears better. Big pharm fears it because it cuts profits. The paper pulp industry fears it because it makes better paper than trees. The alcohol industry fears it because people can grow their own. The whole legal system benifits from cannabis being illegal. How many positions in law enforcement would be eliminated if cannabis were legal?
October 13th, 2012 at 9:46 pm
[...] officials, even California Attorney General Kamala Harris have all urged the feds to butt out. Harris wrote to all four US Attorneys in December, telling them the federal government was “ill-equipped” to interpret and enforce state medical [...]
January 25th, 2013 at 2:38 am
Because I spend a lot of time here in 2012, wish you a happy 2013 !!